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II.7.225 PROTOCOL ON LIABILITY AND COMPENSATION FOR DAMAGE RESULTING FROM TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL, 1999

The Ratification of Maritime Conventions

Chapter I.7.225

(BASEL PROTOCOL) PROTOCOL ON LIABILITY AND COMPENSATION FOR DAMAGE RESULTING FROM TRANSBOUNDARY MOVEMENTS OF HAZARDOUS WASTES AND THEIR DISPOSAL, 1999

ADOPTED: Done at Basel on 10 December 1999
ENTERED INTO FORCE: Not yet in force
DEPOSITARY: Secretary-General, United Nations
SECRETARY: Secretariat, Basel Convention

IMPLEMENTATION

RELATIONSHIP OF THE PROTOCOL WITH THE BASEL CONVENTION

Article XXII

Except as otherwise provided in the Protocol, the provisions of the Convention relating to its Protocols shall apply to the Protocol.

SIGNATURE, RATIFICATION, ACCEPTANCE, APPROVAL AND ACCESSION

Article XXVI

The Protocol shall be open for signature by States and by regional economic integration organisations Parties to the Basel Convention in Berne at the Federal Department of Foreign Affairs of Switzerland from 6 March 2000 to 17 March 2000 and at United Nations Headquarters in New York from 1 April 2000 to 10 December 2000.

Article XXVII

1. The Protocol shall be subject to ratification, acceptance or approval by States and to formal confirmation or approval by regional economic integration organisations. Instruments of ratification, acceptance, formal confirmation, or approval shall be deposited with the Depositary.

2. Any organisation referred to in paragraph 1 of this Article which becomes a Contracting Party without any of its member States being a Contracting Party shall be bound by all the obligations under the Protocol. In the case of such organisations, one or more of whose member States is a Contracting Party, the organisation and its member States shall decide on their respective responsibilities for the performance of their obligations under the Protocol. In such cases, the organisation and the member States shall not be entitled to exercise rights under the Protocol concurrently.

3. In their instruments of formal confirmation or approval, the organisations referred to in paragraph 1 of this Article shall declare the extent of their competence with respect to the matters governed by the Protocol. These organisations shall also inform the Depositary, who will inform the Contracting Parties, of any substantial modification in the extent of their competence.

Article XXVIII

1. The Protocol shall be open for accession by any States and by any regional economic integration organisation Party to the Basel Convention which has not signed the Protocol. The instruments of accession shall be deposited with the Depositary.

2. In their instruments of accession, the organisations referred to in paragraph 1 of this Article shall declare the extent of their competence with respect to the matters governed by the Protocol. These organisations shall also inform the Depositary, who will inform the Contracting Parties, of any substantial modification in the extent of their competence.

3. The provisions of Article 27, paragraph 2, shall apply to regional economic integration organisations which accede to the Protocol.

ENTRY INTO FORCE

Article XXIX

1. The Protocol shall enter into force on the ninetieth day after the date of deposit of the twentieth instrument of ratification, acceptance, formal confirmation, approval or accession.

2. For each State or regional economic integration organisation which ratifies, accepts, approves or formally confirms the Protocol or accedes thereto after the date of the deposit of the twentieth instrument of ratification, acceptance, approval, formal confirmation or accession, it shall enter into force on the ninetieth day after the deposit by such State or regional economic integration organisation of its instrument of ratification, acceptance, approval, formal confirmation or accession.

3. For the purpose of paragraphs 1 and 2 of this Article, any instrument deposited by a regional economic integration organisation shall not be counted as additional to those deposited by member States of such organisation.

WITHDRAWAL

Article XXXI

1. At any time after three years from the date on which the Protocol has entered into force for a Contracting Party, that Contracting Party may withdraw from the Protocol by giving written notification to the Depositary.

2. Withdrawal shall be effective one year from receipt of notification by the Depositary, or on such later date as may be specified in the notification.

RESERVATIONS AND DECLARATIONS

Article XXX

1. No reservation or exception may be made to the Protocol. For the purposes of the Protocol, notifications according to Article 3, paragraph 1, Article 3, paragraph 6, or Article 14, paragraph 5, shall not be regarded as reservations or exceptions.

2. Paragraph 1 of this Article does not preclude a State or a regional economic integration organisation, when signing, ratifying, accepting, approving, formally confirming or acceding to the Protocol, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonisation of its laws and regulations with the provisions of the Protocol, provided that such declarations or statements do not purport to exclude or modify the legal effect of the Protocol in their application to that State or that organisation.

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